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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The gist of the grounds for appeal (the factual errors and misapprehension of the legal principles) is not that C (hereinafter “C”)’s liquid smoke blocking scheme is more than that of the victim’s physical fluid blocking scheme, but rather that the victim company’s product imitates C’s product. The Defendant was aware that the aforementioned content was false.
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal for ex officio, and the prosecutor applied for changes in indictment with the contents of "preliminary facts charged" and "Article 307 (1) of the Criminal Act" as stated in the preliminary facts charged, and "Article 307 (1) of the Criminal Act" as stated in the applicable provisions of the Act, and the judgment of the court below cannot be maintained as they were, since the subject of the judgment was changed by the court
However, despite such reasons for ex officio destruction, the prosecutor's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court.
[Preliminary facts charged] The defendant is a person working as the head of the business of C, a company importing and selling funeral hygiene articles, and the victim ENS corporation is a manufacturer and distributor of funeral hygiene articles.
On June 201, the Defendant indicated the victim’s products to his employees at the funeral hall office of the Seoul Asan Hospital in Songpa-gu Seoul Olympic Games, and the funeral hall office of the Incheon Bupyeong-gu, Incheon, on the advertisement in this case at issue, the victim’s products to the employees at the location, such as the victim’s products, the features of the Defendant’s products, and the Defendant’s products, and then blocking the amount of the dead person’s body, as it significantly lowers the absorption capacity compared to the emotionals.